Melzer v. Witsberger

HUTCHINSON, Justice,

concurring.

I agree with the majority that this case should be remanded but only because that court failed to account for the needs of the child in setting its support order.

I also believe that guidelines and mathematical formulae can help a court by providing a framework for decision in these difficult support cases. Moreover, I believe that all the factors set forth in the majority opinion are relevant in this and most such cases. As such, I commend them to our trial courts for consideration. However, I believe the majority opinion unduly emphasizes their use in a mechanistic way which cannot replace the individualized judgment of an experienced trial judge. I would therefore treat this case as one involving review of a matter in the trial judge’s discretion and remand it to him because I believe he failed to take into account an essential factor in exercising that discretion, the needs of the child.